JOHNSON ENTERPRISES Vs. JOHNSON APPLIANCES PVT LTD

JUDGEMENT

(1.) The above captioned appeal is preferred against the judgment and order dated 25.03.2010, whereby the learned Single Judge has allowed IA No. 5352/2008 under Order XXXIX Rule 1 and 2 CPC filed by the respondent No.1 against the appellant and has confirmed the ad-interim injunction restraining the appellant and respondents Nos.2 to 5 or any person acting under their authority from using the trademark ,JOHNSON? in relation to electric water geysers (excluding the instant type geysers), directly or indirectly, in any manner whatsoever.

(2.) The backdrop facts leading to filing of the present appeal are that the respondent No.1 filed a suit inter-alia praying for a decree of permanent injunction restraining the appellant and respondents Nos.2 to 5 or any person acting under their authority from using the trademark ,JOHNSON? in relation to electric water geysers (excluding instant type geysers). Prayer for rendition of accounts and damages was also made by said respondent. I.A. No.5352/2008 was filed by the said respondent praying for an interim injunction till the disposal of the suit.

(3.) The case projected by respondent No.1 before the learned Single Judge was that it is engaged in the business of manufacture of electric water geysers (except the instant type geysers). Vide certificate of registration No.197998-B dated 14.09.1960 trademark ,JOHNSON? was registered in the name of M/s Jain Industries in class 11 in respect of hot plates, toasters and water boilers. Vide certificate of registration No.319955 trademark ,JOHNSON? dated 02.11.1976 was registered in the name of M/s Jain Youngsters Trust in class 11 in respect of hot plates (electric), toasters (electric), water boilers, hot cases, cooking ranges and baking ovens. On 26.10.1982 M/s Jain Youngsters Trust filed application No.398342 before Trade Marks Registry for registration of trade mark ,JOHNSON? in its name in class 11 in respect of electric fans installations for cooking, electrically operated cooking apparatus, water filters, refrigerators and cooling apparatus, air conditioning apparatus, electric geysers for hot water, heaters and parts and accessories for the foregoing. Trademark ,JOHNSON? was assigned in favour of various concerns before finally being assigned in favour of M/s Classic Equipment Private Limited.